Shotlist

1. Former federal and state prosecutor David S. Weinstein walking in his private practice office

2. SOUNDBITE (ENGLISH) David S. Weinstein, Former federal and state prosecutor

"It's usually a professional negotiation, and there's the wild card: the defense. He is the person who's entitled to dispose of these two cases. If he wants to go to California first, if he wants to waive his speedy trial rights in New Orleans on the gun charges, he's entitled to do that."

3. Cutaway

4. SOUNDBITE (ENGLISH) David S. Weinstein, Former federal and state prosecutor

"If I'm the defense lawyer, I am going to argue that it was an unlawful eavesdropping. That whatever consent my client had given for the interview and for all of the statements to be recorded, ended as soon as the interview was over, despite the fact that the microphone was on. That this was an illegal wiretap/eavesdropping of my client, speaking to himself."

5. Cutaway

6. SOUNDBITE (ENGLISH) David S. Weinstein, Former Federal and State prosecutor

"Americans are infatuated with reality television. Shows like 48 Hours, the First 48, Cops -- they want to see it as it's happening, when it's unfolding. The problem with that is, you often see more than you should see. And the people who are participating in those shows are going to give you a little bit extra. There have been a number of cases where evidence has been thrown out, where testimony has been stricken, because courts have found that the police officers were overreaching, overacting."

Storyline

Former federal and state prosecutor David S. Weinstein talks about the many legal issues surrounding millionaire Robert Durst who was arrested over the weekend.

The eccentric millionaire, who was the subject of an HBO serial documentary, appeared before a judge Tuesday in New Orleans for a second straight day to face the drug and weapons charges.

On Monday, he waived extradition to Los Angeles, where he is charged with first-degree murder in the 2000 shooting of Susan Berman, the daughter of a prominent Las Vegas mobster.

Berman was killed at her home near Beverly Hills shortly before New York investigators planned to question her about the disappearance of Durst's wife, Kathleen.

Durst has long been suspected in his wife's 1982 disappearance, but never charged.

In 2003, he was acquitted of murder in a dismemberment death in Texas.

In the documentary about Durst that concluded Sunday night, he was heard mumbling about how he "killed them all." But a law enforcement official says his arrest on the murder charge was based not on that, but on words he wrote.